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What are Some of the Defenses on Contempt Cases?

Posted by Alexander Nesson
On August 21, 2023

One of the biggest defenses on contempt cases is beyond the order being ambiguous or factual about whether the Defendant violated it or not it would be the inability to comply. It is clear in the statute that the Defendant has the burden, but he/she can show that he/she cannot comply with the pre-existing order. […]

Posted by Alexander Nesson
On August 14, 2023

In a contempt action the Plaintiff must satisfy that it was a clear and unequivocal court order and the Defendant engaged in a clear violation of that order. The beginning part of that is if the order is uncertain there cannot be a finding of contempt. So, if it has more than one meaning or […]

Posted by Alexander Nesson
On August 7, 2023

The standard is clear and convincing evidence of the violation of clear and unequivocal court order. Clear and convincing evidence is more than a civil case which is a preponderance of evidence in anything more than 50% and less than reasonable doubt in a criminal case. Again, it is more than preponderance of evidence but […]

Posted by Alexander Nesson
On July 31, 2023

A Complaint for Contempt addresses non-compliance with a court order. That includes not only filing Judgments but also Temporary Orders. Most of the Contempt actions are civil in nature. It is used when a party seeks to enforce a court order or judgment. If either party violates a court order that may be considered a […]

Posted by Alexander Nesson
On July 24, 2023

The standard a proof to modify an existing Restraining Order depends on partially on whether it is the Plaintiff or the Defendant seeking the modification and a little bit about what the status of the existing Order is and what the modification to be sought is. To obtain a modification of a Restraining Order the […]

Posted by Alexander Nesson
On July 17, 2023

When a case is supported, the parents have always had the right to file something called a Fair Hearing Appeal. This is where there is a hearing in front of a Fair Hearing Officer. However, a substantiated concern finding was saying that DCF did not find it had reached a level of supported neglect or […]

Posted by Alexander Nesson
On May 23, 2023

A No-Fault Divorce is where you are not saying that there is a fault base reason for the divorce, you are just saying your true breakdown of the marriage or lack of communication or things of that nature. Just because you are saying it is a No-Fault Divorce does not mean that there can be […]

Posted by Alexander Nesson
On May 16, 2023

You can site in Massachusetts the fault grounds such as adultery, desertion, gross and confirmed habits of intoxication, cruel and abusive treatment, non-support, impotence or imprisonment of five (5) or more years. That is rare that fault grounds are listed on the Complaint for Divorce. If there are issues either about child custody or asset […]

Posted by Alexander Nesson
On May 9, 2023

You would want to have a Sheriff or Constable to try and serve the Defendant at the last place you knew where the Defendant resided or worked. If that was not found there is a process to do a “Summons by Publication” which is doing it in the newspaper, but you just cannot do that […]

Posted by Alexander Nesson
On May 2, 2023

Service of Process is a way to tell the other side in writing what the case is about and giving them notice of this and notifies them of what they must do, if there is a court hearing, when and where to go to court. There are exceptions to this, if there is something that […]

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What are Some of the Defenses on Contempt Cases?

On Contempt Cases What Does It Mean that the Order must be Clear and Unambiguous?

In a Contempt Action in Probate and Family Court What does the Plaintiff Have to Show Contempt on the Defendants Part?

In Probate and Family Court What is a Complaint for Contempt?

In Massachusetts What is the Standard of Proof to Modify a Restraining Order?

In Massachusetts in DCF Cases Where there is Substantiated Concern, there has Been a Change Regarding the Parents’ Rights for a Hearings in those Cases.

What is a No-Fault Divorce in Massachusetts?

What are Fault Grounds for Divorce in Massachusetts?

If I do not know where the Defendant Lives, How Do I Do a Service of Process in Domestic Relations Cases in Massachusetts?

What is Service of Process in Divorce and Custody Cases and other Family Matters?